Minnesota mayor receives reduced drunk driving sentence, keeps job

A Minnesota mayor recently received a reduced sentence from 60 days in jail to three days of community service, following an arrest for drunk driving. The man struck two cars while driving in the Minneapolis metro area on Interstate 394 before being stopped by police. Having avoided incarceration the mayor should be able to continue to perform his duties, and according to a report in the Star Tribune does not intend to step down.

The mayor was also fined $100.00 for having an open alcoholic beverage at the time, a bottle of vodka. The drug test on the scene registered him as having a blood alcohol level of 0.24 but the official test while he was in custody showed a level of 0.12. The legal blood alcohol limit in Minnesota is 0.08.

When asked to explain his behavior, the Minnesota mayor cited various severe problems that had occurred in his life, including several deaths in his family (including two murders) and an upcoming business trip that was causing an elevated level of stress and concern.

The judge hearing the case remarked that she sees a great deal of first time drunk drivers in her court only once – most are too scared or embarrassed to attempt to drive intoxicated again, explaining her reduced sentence.

Many arrested for drunk driving are not repeat offenders who have been arrested and brought into a court room before, rather it is often the first serious interaction with law enforcement and the criminal justice system. It is important to clearly understand your rights, the charges against you, and the potential consequences that can go beyond just the sentence from the court.

Source: Star Tribune “Mankato mayor avoids jail time” Abby Simons, April 5, 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.
Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.
Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.